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Legal Opinion

South Carolina Electric & Gas Co. v. Town of Awendaw

Court of Appeals of South Carolina

Decided August 9, 2002No. 3543PublishedCited by 1 opinion

1Opinion of the CourtStilwell, J.

South Carolina Electric and Gas Company (SCE & G) brought this action against the Town of Awendaw (Awendaw) seeking a refund of fees it paid Awendaw under protest. The master in equity granted Awendaw’s motion for summary judgment. SCE & G appeals. We reverse.

FACTS

When the Town of Awendaw was incorporated in 1992, all of its inhabitants received their electric service from Berkeley Electric Cooperative. Awendaw adopted an ordinance and executed a franchise agreement designating Berkeley as the primary supplier of electrical energy to the town. In exchange, Berkeley agreed to pay an annual…

2Cases cited10 opinions

  1. Baughman v. American Telephone & Telegraph Co.Supreme Court of South Carolina · 1991
  2. Summer v. CarpenterSupreme Court of South Carolina · 1997
  3. ML-Lee Acquisition Fund, L.P. v. DeloitteSupreme Court of South Carolina · 1997
  4. Osborne Ex Rel. Osborne v. AdamsSupreme Court of South Carolina · 2001
  5. Williams Ex Rel. Estate of Jackson v. Chesterfield Lumber Co.Supreme Court of South Carolina · 1976

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3Cited by1 opinion

  1. South Carolina Electric & Gas Co. v. Town of AwendawSupreme Court of South Carolina · 2004

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